A BRADLEY Stoke man has been ordered to pay more than £9,000 for severely damaging a protected tree
The man, a developer, must pay £9,023 after South Gloucestershire Council prosecuted him for seriously damaging a protected tree in Kingswood which eventually had to be removed.
Andrew Cake, 61, owner of Acton Homes Ltd based at Woodlands Lane, Bradley Stoke, pleaded guilty to the offence of damaging a tree under a tree preservation order at Bristol Magistrates Court last on Monday, February 20.
He was fined £5,600 and must pay £1,423 costs plus a £2,000 victim surcharge - a total of £9,023.
The court heard that on July 20 last year, the council’s arboriculture team became aware of a report relating to a planning application at Spring Hill, Kingswood for an attached house and associated work.
The report referenced the digging of a trench and the roots of a protected sycamore being cut.
An planning officer visited the location the following day and took a series of photographs that showed the trench and damage to the roots.
The officer advised foreman Andrew Cake that no further work should take place until an inspection had been completed.
On July 25, officers from the arboriculture team attended.
It was observed that the trench had been filled in and the tree roots evident in the earlier photographs had been removed, contrary to the planning enforcement advice.
In addition, Heras fencing had been placed around the protected tree which was not present in the photographs taken only four days before.
The officers instructed Cake to seek independent professional arboricultural advice regarding the structural integrity of the tree and he was provided with a standard list of arboricultural consultants.
On September 6, officers received an email from Acton Homes which contained the arboricultural report and acknowledgement of responsibility for damage to the tree.
On Wednesday, November 9 representatives of the council’s arboriculture and environmental enforcement teams interviewed Cake, where he presented a prepared statement relating to his involvement with an admission of fault in damaging the tree and an offer to correct the situation.
He was advised he would be receiving a summons to court.
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